Section 107 CrPC? A peace bond needs real facts.

Myth or fact?

What clients often think.

• Myth: A police report under s.107 is enough to bind anyone down.
• Fact: The Magistrate needs sufficient ground, then must inquire into the truth of the information (ss.107, 117).

The law.

Section 107(1), CrPC.

“Whenever a Magistrate of the First Class is informed that any person is likely to commit a breach of the peace, disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, the Magistrate if in his opinion there is sufficient ground for proceeding may ... require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace ...”

Code of Criminal Procedure, 1898 · Section 107(1), Security for keeping the peace in other cases

The s.112 order.

Section 112, CrPC.

• In writingSetting out the substance of the information received.
• Its termsThe bond amount, its term, and the number, character and class of sureties.
• JurisdictionThe person or the place must be within the Magistrate's local limits (s.107(2)).

Summons first.

Section 114, CrPC.

• Not presentThe Magistrate issues a summons to appear.
• WarrantOnly if the breach cannot be prevented otherwise than by immediate arrest (proviso).
• ReasonsA warrant needs reasons in writing (2001 PLD 235, Sindh High Court).

The inquiry.

Section 117, CrPC.

• Like a trialAs nearly as practicable as Chapter XX, but no charge (s.117(2)).
• Interim bondOnly for reasons in writing, and not more onerous than the s.112 order (s.117(3)).

Quick quiz. The vague report.

Guess first, then swipe for the answer.

• A. Yes, a report is enough
• B. No, they can be quashed
• C. Only with sureties

Answer: B. 2011 YLR 1226.

Sindh High Court.

• No materialThere was no prima facie material before the s.112 order was passed.
• No instancesNo date, time or place showing an apprehension of breach of the peace.
• The resultThe ss.107/117 proceedings were quashed under s.561-A.

Limits on the bond.

Section 118, CrPC.

• Not largerNot different, larger or longer than the s.112 order.
• Not excessiveFixed with due regard to the circumstances.
• MinorsA minor's bond is executed only by his sureties.

Not proved? Discharge.

Sections 119 and 125, CrPC.

• Section 119Necessity not proved: the Magistrate records it and releases or discharges him.
• Section 125The Sessions Judge may cancel a bond, for sufficient reasons in writing.

Your checklist.

Three stages, in this order.

• OrderSubstance, amount, term and sureties in the s.112 order.
• InquiryTest the information: dates, places, specific instances.
• RemedyDischarge (s.119), or quashing under s.561-A.

Peace bond brief?

Ask FAI. It answers with the exact clause and the judgments behind it.

• Can proceedings under section 107 CrPC be quashed when the report gives no specific instances?
• Draft a reply to a show-cause notice under section 112 CrPC.

Example questions

Sources

• Code of Criminal Procedure, 1898 · Section 107(1)
  Security for keeping the peace in other cases Pakistan Code